Kolkata: The Calcutta High Court on Friday reportedly extended the interim stay on the demolition of hotels and homestays in Mandarmoni until September 26, due to the Centre’s failure to submit a response regarding the applicable Coastal Regulation Zone (CRZ) notification.
The bench of Justice Amrita Sinha, hearing the matter, observed that the delay in submissions has resulted in continued pendency of the case, with only extensions of interim orders and no adjudication on merits. She sought clarity from the Centre on whether any CRZ notification was in effect for the area in question.
Representing the Union of India, Additional Solicitor General (ASG) Ashoke Kumar Chakraborti initially stated that the Centre does not currently have a CRZ notification for the area but assured the court that he would seek updated instructions.
Counsel appearing for the West Bengal Pollution Control Board (WBPCB) clarified that environmental clearances are not issued by the Board but by an authority under the Ministry of Environment, Forest and Climate Change.
The case was initiated after the Mandarmoni Hoteliers Association filed a writ petition challenging a demolition notice issued by the Chairman of the District Level Committee of the West Bengal Coastal Zone Management Authority (WBCZMA) and the District Magistrate and Collector of East Midnapore. The notice had directed the demolition of unauthorised hotel and homestay constructions by November 20, 2024, pursuant to an order dated May 2, 2022, by the National Green Tribunal (NGT).
The association’s primary argument is that the CRZ notification for West Bengal has not been officially published, and thus, enforcement actions under it cannot proceed in law.